CHAPTER 365

FORMERLY

HOUSE BILL NO. 424

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE REGARDING VOLUNTARY AND MANDATORY TESTING OF OFFENDERS CONVICTED OF CERTAIN SEX CRIMES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3911, Title 11 of the Delaware Code by deleting said Section in its entirety and replacing it with a new “§ 3911” to read as follows:

Ҥ 3911. Human immunodeficiency virus (HIV) testing at the request of the victim.

At the request of the victim and/or by order of the court, a defendant who has been arrested for a crime which has sexual intercourse, deviant sexual intercourse, or sexual contact as an element must submit to testing for HIV not later than 48 hours after the victim has requested, and/or the court has ordered, such testing.”.

Section 2. Amend § 3912, Title 11 of the Delaware Code by deleting said Section in its entirety and redesignating existing § 3913 and § 3914 as new § 3912 and § 3913.

Section 3. Amend new § 3913, Title 11 of the Delaware Code by adding a new subsection “(f)’ to read as follows:

“(f) A defendant must submit to follow-up tests for HIV as may be medically appropriate.”.

Approved July 16, 2008